PolicyBrief
S. 628
119th CongressFeb 19th 2025
Alan T. Shao II Fentanyl Public Health Emergency and Overdose Prevention Act
IN COMMITTEE

To combat the fentanyl crisis, this bill suspends the entry of undocumented individuals attempting to cross the U.S. border from Canada or Mexico.

Tim Scott
R

Tim Scott

Senator

SC

LEGISLATION

Fentanyl Crisis Bill Blocks Undocumented Immigrants: Returns to Begin Immediately

The Alan T. Shao II Fentanyl Public Health Emergency and Overdose Prevention Act is taking a hard line on the fentanyl crisis by targeting undocumented immigrants. Starting immediately, the law suspends the entry of "covered aliens" – individuals entering the U.S. illegally from Canada or Mexico without proper documentation. The stated goal is to curb the flow of fentanyl into the country, which the bill links directly to illegal border crossings.

Border Shutdown: Who's a "Covered Alien"?

This bill's core revolves around the term "covered alien." It means anyone trying to enter the U.S. illegally from Canada or Mexico, anyone without the right travel papers, and anyone held at a port of entry or Border Patrol station for processing (SEC. 3). The law mandates that these individuals be returned to their country of origin or the country they came through "as expeditiously as possible" (SEC. 4). The Secretary of Homeland Security is authorized to use repatriation flights to make this happen, space permitting.

Real-World Impacts: Beyond the Border

The immediate impact is clear: anyone caught crossing the border illegally from Canada or Mexico will be sent back, fast. This could mean a farmworker who overstays a visa, a student trying to enter without the correct paperwork, or a family fleeing violence and seeking asylum. The bill doesn't distinguish – if you're a "covered alien," you're out. The law cites alarming statistics about fentanyl's deadly toll – over 100,000 overdose deaths in 2023, with fentanyl being the leading cause of death for Americans under 50 (SEC. 2). It frames the crisis as a direct result of illegal border crossings, stating that stopping undocumented entry is crucial to stopping fentanyl.

The Bigger Picture: Cause and Effect?

While the fentanyl crisis is undeniably devastating, this bill raises some serious questions. It equates undocumented immigrants with drug traffickers, a broad generalization that could lead to some problems. It also potentially conflicts with international agreements about the right to seek asylum. By focusing solely on border control, the bill ignores other complex factors driving the opioid epidemic, like domestic demand and over-prescription practices. The law also puts the entire burden on the Department of Homeland Security, without offering additional resources or addressing the root causes of migration.